Indirect Criminalisation

Download Indirect Criminalisation PDF Online Free

Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509941452
Total Pages : 187 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!


Book Synopsis Indirect Criminalisation by : Stavros Demetriou

Download or read book Indirect Criminalisation written by Stavros Demetriou and published by Bloomsbury Publishing. This book was released on 2023-02-23 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first detailed study of 'indirect criminalisation' (the legal treatment of antisocial behaviour through civil preventative measures such as the ASBO) in England and Wales. Since the late 20th century many Western jurisdictions introduced a range of civil preventive measures in order to prevent and deal with various types of criminality. Although the stated objective of these interventions is the prevention of crime, their implementation can result in the imposition of restrictions akin to criminal punishment leading to the indirect criminalisation of certain kinds of behaviour. Through the adoption of an interdisciplinary approach which combines criminal law theory and empirical criminology, this book engages with the phenomenon of indirect criminalisation using the legal framework on anti-social behaviour in England and Wales as a case study. It engages with central questions within legal theory: - what are the normative challenges posed by indirect criminalisation and mechanisms for distinguishing criminal from non-criminal rules? - how can such questions be tested and applied empirically? - has the ASBO's successor been operating as de facto criminal measure?

Crimes, Harms, and Wrongs

Download Crimes, Harms, and Wrongs PDF Online Free

Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317774
Total Pages : 238 pages
Book Rating : 4.8/5 (473 download)

DOWNLOAD NOW!


Book Synopsis Crimes, Harms, and Wrongs by : A P Simester

Download or read book Crimes, Harms, and Wrongs written by A P Simester and published by Bloomsbury Publishing. This book was released on 2011-06-24 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: When should we make use of the criminal law? Crimes, Harms, and Wrongs offers a philosophical analysis of the nature and ethical limits of criminalisation. The authors explore the scope of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm, developing guiding principles for these various grounds of state prohibition. Both authors have written extensively in the field. They have produced an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike. 'this elegant, closely argued and convincing book is of great value and can be expected to be of lasting influence.' James Chalmers 'Crimes, Harms, and Wrongs . . . is a welcome addition to this field, and should clarify the reader's thinking on a breathtakingly broad range of issues. . . . This is an important book, and [its] consideration of not only Anglo-American theory and law, but also German legal doctrines and writings on criminalisation, should ensure that this debate reaches new heights in the future.' Findlay Stark 'the result of [the authors'] many decades of thought and writing on this fundamental subject is an integrated, accessible, philosophically sophisticated discussion of this subject.' Justice Gilles Renaud 'A.P. Simester and Andreas von Hirsch present an informed and systematic account of the principles that, in their view, should structure decisions about what to criminalize, and when.' Vincent Chiao 'an outstanding work, original in many respects and meticulous in its arguments. It represents the greatest advance on this subject since Feinberg's four volumes . . . an outstanding contribution to the re-invigorated criminalization debate.' Andrew Ashworth 'important, original, interesting, and often ingenious. Unlike some recent competitive books it has the virtue of making sound arguments. And like everything else the authors have written, it is a joy to read ...This is an absolutely wonderful book.' Douglas Husak

Sexualised Crimes, Armed Conflict and the Law

Download Sexualised Crimes, Armed Conflict and the Law PDF Online Free

Author :
Publisher : Routledge
ISBN 13 : 1351619217
Total Pages : 209 pages
Book Rating : 4.3/5 (516 download)

DOWNLOAD NOW!


Book Synopsis Sexualised Crimes, Armed Conflict and the Law by : Hannah Baumeister

Download or read book Sexualised Crimes, Armed Conflict and the Law written by Hannah Baumeister and published by Routledge. This book was released on 2018-06-04 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: From ancient to modern times, sexualised war violence against women was tolerated if not encouraged as a means of reward, propaganda, humiliation, and terror. This was and is in defiance of international laws that have criminalised acts of sexualised war violence since the 18th century. Ad hoc international tribunals have addressed especially war rape since the 15th century. The International Criminal Court (ICC), however, is the first independent, permanent, international criminal court that recognises not only war rape but also sexual slavery and other sexualised crimes as crimes against humanity, war crimes, and acts of genocide in its statute and supporting documents. This book explores how the ICC definitions of rape and forced marriage came about, and addresses the ongoing challenge of how to define war rape and forced marriage in times of armed conflict in a way that adequately reflects women’s experiences, as well as the nature of the crimes. In addition to deepening the understanding of the ICC negotiations of war rape and forced marriage, and of the crimes themselves, this volume highlights relevant factors that need to be considered when criminalising acts of sexualised war violence under international law. Sexualised Crimes, Armed Conflict and the Law draws on feminist and constructivist theories and offers a comprehensive theoretical and empirical examination of the definition of rape and forced marriage. It presents the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, officials and intergovernmental organisations, and students in the fields of post-conflict law and justice, international law, human rights law, international relations, gender studies, politics, and criminology.

Legal Responses to Transnational and International Crimes

Download Legal Responses to Transnational and International Crimes PDF Online Free

Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1786433990
Total Pages : 335 pages
Book Rating : 4.7/5 (864 download)

DOWNLOAD NOW!


Book Synopsis Legal Responses to Transnational and International Crimes by : Harmen van der Wilt

Download or read book Legal Responses to Transnational and International Crimes written by Harmen van der Wilt and published by Edward Elgar Publishing. This book was released on 2017-11-24 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically reflects on the relationship between ‘core crimes’ which make up the subject matter jurisdiction of the International Criminal Court (such as war crimes, crimes against humanity, genocide, and aggression) and transnational crimes. The contributions in the book address the features of several transnational crimes and generally acknowledge that the boundaries between core crimes and transnational crimes are blurring. One of the major questions is whether, in view of this gradual merger of the categories, the distinction in legal regime is still warranted. Should prosecution and trial of transnational crimes be transferred from national to international jurisdictions?

Indirect Responsibility for Terrorist Acts

Download Indirect Responsibility for Terrorist Acts PDF Online Free

Author :
Publisher : BRILL
ISBN 13 : 9047444973
Total Pages : 532 pages
Book Rating : 4.0/5 (474 download)

DOWNLOAD NOW!


Book Synopsis Indirect Responsibility for Terrorist Acts by : Marja Letho

Download or read book Indirect Responsibility for Terrorist Acts written by Marja Letho and published by BRILL. This book was released on 2009-10-12 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: The roots of organized crime penetrate deep into the normal operations of society, its economic and financial patterns, sometimes also its bureaucracy and ideological apparatuses. Drug trafficking, traffic in persons or terrorist networks could not exist if they did not engage large groups of people and routine patterns of social and economic behaviour. Often the “indirect” actors remain hidden, however, and beyond the reach of the arm of the law. In an analogical way, “terrorism” emerges from and is sustained by a wide network of ideological, economic, financial and other actors and activities. Marja Lehto maps in this work the way in which international legal regulation, particularly the new conventions adopted within the UN after 1996 ,have sought to extend international responsibility beyond the groups of immediate perpetrators, to the sources or incitation, recruitment, and financing of terrorist activities.She also deals with some of the thorniest questions in the field along the way – from the significance and difficulties in the of efforts to define “terrorism” to the need for a “general part” of international criminal law, and the role of a political organ – the United Nations Security Council – in preventing and punishing the crime of terrorism..This carefully crafted, insightful and hugely relevant study not only fulfils a gap in the existing literature but does so with analytical precision, bearing simultaneously in mind the important political and theoretical, even philosophical implications of this contentious topic. “Few topics have generated more international law writing in recent years, both scholarly and polemical, than terrorism. [...] So it is a genuinely welcome surprise when someone brings out a study that has a fresh angle on the topic, and all the more so if the writer not only fulfils what appears like an obvious gap in existing literature but does that with analytical precision, bearing simultaneously in mind the important political and theoretical, even philosophical implications of this contentious topic. This is what Marja Lehto does in this carefully crafted, insightful and hugely relevant study of what she suggests we call ‘indirect responsibility’ for terrorist acts.” Martti Koskenniemi, Academy Professor (University of Helsinki)

The Challenges of Illegal Trafficking in the Mediterranean Area

Download The Challenges of Illegal Trafficking in the Mediterranean Area PDF Online Free

Author :
Publisher : Springer Nature
ISBN 13 : 3031453999
Total Pages : 292 pages
Book Rating : 4.0/5 (314 download)

DOWNLOAD NOW!


Book Synopsis The Challenges of Illegal Trafficking in the Mediterranean Area by : Vincenzo Militello

Download or read book The Challenges of Illegal Trafficking in the Mediterranean Area written by Vincenzo Militello and published by Springer Nature. This book was released on 2023-12-23 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book deals with illicit trafficking in the Mediterranean, seen as a borderline issue between mobility and security under a strongly interdisciplinary approach. The opening part is dedicated to issues that transversally concern illegal trafficking: criminological, criminal law, criminal procedure, but also international law issues. This part presents a kind of general theory of illegal trafficking, showing its recurring aspects and identifying the legal and criminal-political issues that would be best addressed by a unified approach to the matter. The other parts are devoted to presenting, instead, a special part overview of illegal trafficking. The second and the third section are devoted, in particular, to illegal traffics having human beings as their objects. More specifically, the second part examines smuggling of migrants, which has a central - criminological and criminal-political - relevance among the illegal traffics taking place in the Mediterranean. The third part deals with the neighbouring theme of human trafficking, especially in its connection with the problem of labour exploitation. Finally, the fourth part focuses on some trafficking in goods, offering a selected and representative overview of some of the most significant forms that such trafficking can take: tobacco trafficking, drug trafficking and trafficking in cultural goods.

Leniency in EU Competition Law

Download Leniency in EU Competition Law PDF Online Free

Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403517255
Total Pages : 432 pages
Book Rating : 4.4/5 (35 download)

DOWNLOAD NOW!


Book Synopsis Leniency in EU Competition Law by : Ingrid Margrethe Halvorsen Barlund

Download or read book Leniency in EU Competition Law written by Ingrid Margrethe Halvorsen Barlund and published by Kluwer Law International B.V.. This book was released on 2020-06-18 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leniency has emerged as one of the main enforcement instruments used by competition authorities to combat cartels. Offering immunity from punishment is believed to destabilise already existing cartels and deter undertakings from entering into such arrangements. This book offers the first in-depth analysis of the scope of leniency in European Union (EU) competition law, considering three crucial ramifications – ensuring a leniency applicant can self-report with confidence, retaining the right to compensation of those who have suffered losses due to the cartel and furthering the objective of undistorted competition within the internal market. With thorough insight into the interaction between the Commission’s Leniency Notice and public and private enforcement, the author fully explains such aspects of the subject as the following: who is eligible for leniency; liability of an immunity recipient; the EU fining system; disclosure of leniency evidence; scope of public authorities reaching out to cartel infringers; the immunity recipient and follow-on damages claimants; the immunity recipient and subsequent leniency applicants; effect of the Damages Directive; and the European Economic Area dimension. The author offers cogent suggestions about how the shortcomings of the Commission’s leniency offer can be ameliorated and which regulatory steps should be taken to give the policy greater leverage. The author calls for increased harmonisation at national level in the EU and compares leniency practice in US antitrust law. As a comprehensive analysis of the practical application of current policy and procedure in EU cartel enforcement, the book clearly shows the ways in which the scope of leniency is manifest in the interaction between public and private enforcement, evaluating which interaction is most effective. Its practical character will be recognised and welcomed by competition law practitioners and policymakers, who will strengthen their grasp of leniency procedure and clearly discern implications for competition infringement cases.

Routledge Handbook of Law and Terrorism

Download Routledge Handbook of Law and Terrorism PDF Online Free

Author :
Publisher : Routledge
ISBN 13 : 113445516X
Total Pages : 605 pages
Book Rating : 4.1/5 (344 download)

DOWNLOAD NOW!


Book Synopsis Routledge Handbook of Law and Terrorism by : Genevieve Lennon

Download or read book Routledge Handbook of Law and Terrorism written by Genevieve Lennon and published by Routledge. This book was released on 2015-07-16 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the years since 9/11, counter-terrorism law and policy has proliferated across the world. This handbook comprehensively surveys how the law has been deployed in all aspects of counter-terrorism. It provides an authoritative and critical analysis of counter-terrorism laws in domestic jurisdictions, taking a comparative approach to a range of jurisdictions, especially the UK, the US, Australia, Canada, and Europe. The contributions to the book are written by experts in the field of terrorism law and policy, allowing for discussion of a wide range of regulatory responses and strategies of governance. The book is divided into four parts, reflective of established counter-terrorism strategic approaches, and covers key themes such as: Policing and special powers, including surveillance Criminal offences and court processes Prevention of radicalisation and manifestations of extremism Protective/preparative security The penology of terrorism In addressing counter-terrorism laws across a broad range of topics and jurisdictions, the handbook will be of great interest and use to researchers, students and practitioners in criminal law, counter-terrorism, and security studies.

The Crime of Aggression

Download The Crime of Aggression PDF Online Free

Author :
Publisher : Cambridge University Press
ISBN 13 : 1108107494
Total Pages : pages
Book Rating : 4.1/5 (81 download)

DOWNLOAD NOW!


Book Synopsis The Crime of Aggression by : Claus Kreß

Download or read book The Crime of Aggression written by Claus Kreß and published by Cambridge University Press. This book was released on 2016-10-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2010 Kampala Amendments to the Rome Statute empowered the International Criminal Court to prosecute the 'supreme crime' under international law: the crime of aggression. This landmark commentary provides the first analysis of the history, theory, legal interpretation and future of the crime of aggression. As well as explaining the positions of the main actors in the negotiations, the authoritative team of leading scholars and practitioners set out exactly how countries have themselves criminalized illegal war-making in domestic law and practice. In light of the anticipated activation of the Court's jurisdiction over this crime in 2017, this work offers, over two volumes, a comprehensive legal analysis of how to understand the material and mental elements of the crime of aggression as defined at Kampala. Alongside The Travaux Préparatoires of the Crime of Aggression (Cambridge, 2011), this commentary provides the definitive resource for anyone concerned with the illegal use of force.

The Crime of Aggression in International Criminal Law

Download The Crime of Aggression in International Criminal Law PDF Online Free

Author :
Publisher : Springer Science & Business Media
ISBN 13 : 9067049271
Total Pages : 354 pages
Book Rating : 4.0/5 (67 download)

DOWNLOAD NOW!


Book Synopsis The Crime of Aggression in International Criminal Law by : Sergey Sayapin

Download or read book The Crime of Aggression in International Criminal Law written by Sergey Sayapin and published by Springer Science & Business Media. This book was released on 2014-01-10 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since after the Second World War, the crime of aggression is – along with genocide, crimes against humanity and war crimes – a “core crime” under international law. However, despite a formal recognition of aggression as a matter of international criminal law and the reinforcement of the international legal regulation of the use of force by States, numerous international armed conflicts occurred but no one was ever prosecuted for aggression since 1949. This book comprehensively analyses the historical development of the criminalisation of aggression, scrutinises in a detailed manner the relevant jurisprudence of the Nuremberg and Tokyo Tribunals as well as of the Nuremberg follow-up trials, and makes proposals for a more successful prosecution for aggression in the future. In identifying customary international law on the subject, the volume draws upon a wealth of applicable sources of national criminal law and puts forward a useful classification of States ́ legislative approaches towards the criminalisation of aggression at the national level. It also offers a detailed analysis of the current international legal regulation of the use of force and of the Rome Statute ́s substantive and procedural provisions pertaining to the exercise of the International Criminal Court ́s jurisdiction with respect to the crime of aggression, after 1 January 2017.

Consent

Download Consent PDF Online Free

Author :
Publisher : Routledge
ISBN 13 : 1317161912
Total Pages : 574 pages
Book Rating : 4.3/5 (171 download)

DOWNLOAD NOW!


Book Synopsis Consent by : Alan Reed

Download or read book Consent written by Alan Reed and published by Routledge. This book was released on 2016-10-14 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a leading contribution to the substantive arena relating to consent in the criminal law. In broad terms, the ambit of legally valid consent in extant law is contestable and opaque, and reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of consent. This book seeks to provide a logical template to focus the debate. The overall concept addresses three specific elements within this arena, embracing an overarching synergy between them. This edifice engages in an examination of UK provisions, with specialist contributions on Irish and Scottish law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for consent. The comparative chapters provide a wider background of how other legal systems' treat a variety of specialised issues relating to consent in the context of the criminal law. The debate in relation to consent principles continues for academics, practitioners and within the criminal justice system. Having expert descriptions of the wider issues surrounding the particular discussion and of other legal systems' approaches serves to stimulate and inform that debate. This collection will be a major source of reference for future discussion.

Immigration and Privacy in the Law of the European Union

Download Immigration and Privacy in the Law of the European Union PDF Online Free

Author :
Publisher : BRILL
ISBN 13 : 9004356118
Total Pages : 780 pages
Book Rating : 4.0/5 (43 download)

DOWNLOAD NOW!


Book Synopsis Immigration and Privacy in the Law of the European Union by : Niovi Vavoula

Download or read book Immigration and Privacy in the Law of the European Union written by Niovi Vavoula and published by BRILL. This book was released on 2022-09-12 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immigration and Privacy in the Law of the European Union: The Case of Information Systems examines the privacy challenges posed by the establishment and operation of pan-European centralised databases processing personal data of different categories of third-country nationals.

Criminal liability in regulatory contexts

Download Criminal liability in regulatory contexts PDF Online Free

Author :
Publisher : The Stationery Office
ISBN 13 : 9780118404938
Total Pages : 258 pages
Book Rating : 4.4/5 (49 download)

DOWNLOAD NOW!


Book Synopsis Criminal liability in regulatory contexts by : Great Britain: Law Commission

Download or read book Criminal liability in regulatory contexts written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2010-08-25 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this consultation paper, the Law Commission sets out the case for reducing the scope for criminal law to be used in regulated fields such as farming, food safety, banking and retail sales. Criminal sanctions should only be used to tackle serious wrongdoing and it is out of proportion for regulators to rely wholly on the criminal law to punish and deter activities that are merely 'risky', unless the risk involved is a serious one. There has been a steep increase in the number of criminal offences created since the late 1980s to penalise risk-taking. The areas regulated cover a wide range of risk-posing activities, and involve millions of people and thousands of businesses. By turning to civil penalties for minor breaches, regulators could reduce costs to themselves and the criminal justice system by £11 million a year. In some cases, criminal prosecution can cost almost twice what the courts obtain in fines. The paper proposes that: (i) regulatory authorities should make more use of cost-effective, efficient and fairer civil measures to govern standards of behaviour; (ii) a set of common principles should be established to help agencies consider when and how to use the criminal law to tackle serious wrongdoing, and (iii) existing low-level criminal offences should be repealed where civil penalties could be as effective. Where criminal offences are created in regulatory contexts, they should require proof of fault elements such as intention, knowledge, or a failure to take steps to avoid harm being done or serious risks posed.

War Economies and Post-war Crime

Download War Economies and Post-war Crime PDF Online Free

Author :
Publisher : Routledge
ISBN 13 : 0429536534
Total Pages : 205 pages
Book Rating : 4.4/5 (295 download)

DOWNLOAD NOW!


Book Synopsis War Economies and Post-war Crime by : Sabine Kurtenbach

Download or read book War Economies and Post-war Crime written by Sabine Kurtenbach and published by Routledge. This book was released on 2020-05-21 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even when armed conflicts formally end, the transition to peace is not clear-cut. This comprehensive volume explores the mounting evidence which suggests that it is rather ‘unlikely to see a clean break from violence to consent, from theft to production, from repression to democracy, or from impunity to accountability’. The authors analyse the complex endeavour of transitioning out of war, studying how it is often interrelated with other transformations such as changes in the political regime (democratisation) and in the economy (opening of markets to globalisation). They explore how, in the same way as wars and conflicts reflect the societies they befall, post-war orders may replicate and perpetuate some of the drivers of war-related violence, such as high levels of instability, institutional fragility, corruption, and inequality. This book thus suggests that, even in the absence of a formal relapse into war and the re-mobilisation of former insurgents, many transitional contexts are marked by the steady and ongoing reconfiguration of criminal and illegal groups and practices. This book will be of great interest to students and researchers of political science and peace studies. It was originally published as an online special issue of Third World Thematics.

Substantive Criminal Law of the European Union

Download Substantive Criminal Law of the European Union PDF Online Free

Author :
Publisher : Maklu
ISBN 13 : 9046604403
Total Pages : 256 pages
Book Rating : 4.0/5 (466 download)

DOWNLOAD NOW!


Book Synopsis Substantive Criminal Law of the European Union by : André Klip

Download or read book Substantive Criminal Law of the European Union written by André Klip and published by Maklu. This book was released on 2011 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is the result of the conference "Substantive Criminal Law of the European Union" organised by the Criminal Law Department of Maastricht University on 20 and 21 January 2011, with the generous support of the Faculty of Law of Maastricht University, the Koninklijke Nederlandse Academie van Wetenschappen, the Department of Criminal Law and Criminology of Maastricht University and the Hague Institute for the Internationalisation of Law (HIIL). --

Reinterpreting Criminal Complicity and Inchoate Participation Offences

Download Reinterpreting Criminal Complicity and Inchoate Participation Offences PDF Online Free

Author :
Publisher : Routledge
ISBN 13 : 1317198883
Total Pages : 375 pages
Book Rating : 4.3/5 (171 download)

DOWNLOAD NOW!


Book Synopsis Reinterpreting Criminal Complicity and Inchoate Participation Offences by : Dennis J. Baker

Download or read book Reinterpreting Criminal Complicity and Inchoate Participation Offences written by Dennis J. Baker and published by Routledge. This book was released on 2016-05-26 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Reinterpreting Criminal Complicity and Inchoate Participation Offences, Dennis J. Baker argues that the mental element in complicity is one of intention, that recklessness alone is not sufficient. This is demonstrated by showing that the ancient and modern authorities on complicity required intention. The book argues the ‘causal participation’ element in complicity means that the conduct element can only be established when there is intentional encouragement on the part of the accessory. As the Accessories and Abettors Act 1861, like most of the statutory provisions found in the United States, deems that both perpetrator and accessory are perpetrators for the purpose of punishment and crime labelling, limiting the mental element in complicity to intentional participation is, the author argues, the only way to reconcile these provisions with the requirements of proportionate punishment and fair labelling. As some forms of reckless encouragement and assistance will not be criminalised if the mental element in complicity is intention only, the author suggests that the solution is to amend section 45 of the Serious Crime Act 2007 to criminalise reckless participation. In addition, the author argues that standard complicity and joint enterprise complicity have the same mental and conduct elements and thus joint enterprise complicity is not a distinct form of complicity.

The Legitimacy of EU Criminal Law

Download The Legitimacy of EU Criminal Law PDF Online Free

Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509919759
Total Pages : 280 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!


Book Synopsis The Legitimacy of EU Criminal Law by : Irene Wieczorek

Download or read book The Legitimacy of EU Criminal Law written by Irene Wieczorek and published by Bloomsbury Publishing. This book was released on 2020-07-09 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the history of the EU competence, EU policy discourse and EU legislation in the field of criminalisation from Maastricht until the present day. It asks 'Why EU Criminal Law?' looking at what rationales the Treaty, policy document and legislation put forth when deciding whether a certain behaviour should be a criminal offence. To interpret the EU approach to criminalisation, it relies on both modern and post-modern theoretical frameworks on the legitimacy of criminal law, read jointly with the theories on the functions of EU harmonisation of national law. The book demonstrates that while EU constitutional law leans towards an effectiveness-based, enforcement-driven, understanding of criminal law, the EU has in fact in more than one instance adopted symbolic EU criminal law, ie criminal law aimed at highlighting what values are important to the EU, but which is not fit to actually deter individuals from harming such values. The book then questions whether this approach is consistent or in contradiction with the values-based constitutional identity the EU has set for itself.